The URL can be used to link to this page

Home My WebLink AboutPZAB 3-16-11PZAB.2 File ID: Title: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 11-001131u Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3242 CHARLES AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 3242 Charles Avenue [Commissioner Marc David Sarnoff - District 2] Applicant(s): W. Tucker Gibbs, Esquire, on behalf of 3242 Charles LLC and Stirrup Properties P.O. Box 1050 Miami, FL 33133 (305) 788-2720 Land Use: Single -Family Residential Purpose: This will change the above properties to "Low Density Restricted Commercial". Planning Department Recommendation: Approval. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: March 16, 2011 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 3242 Charles Ave File ID 11-001131u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Single Family Residential" to "Low Density Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Single Family Residential" future land use category allows single family structures of one dwelling unit each to a maximum density of 9 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as foster homes and family day care homes for children and/or adults; and community based residential facilities (6 clients or less, not including drug, alcohol or correctional rehabilitation facilities also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within single family residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within single family residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). The "Low Density Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. DISCUSSION The subject area consists of one parcel comprising approximately 0.230 acres. The parcel is located on the block that is bounded by Charles Avenue to the north, Hibiscus Street to the west, Franklin Avenue to the south, and Main Highway to the east. The block is partially bisected by Royal Road. The site and the surrounding areas to the west and northwest are designated "Single Family Residential"; "Restricted Commercial" is located to the south and east along the Miami Highway corridor; "Major Institutional, Public Facilities, Transportation, and Utilities" is located to the northeast along the Main Highway corridor. The subject site is in the COCONUT GROVE NET Service Center Area. ANALYSIS The Planning Department is recommending APPROVAL of the amendment as presented based on the following findings: • MCNP Housing Policy HO-1.1.7 states the City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments. The proposed change would create a transition between the high permitted densities and intensities along Main Highway and the low density single family neighborhoods to the west. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Single Family Residential" land use category allows residential structures up to a maximum of 9 dwelling units per acre. The requested "Low Density Restricted Commercial" designation allows density equivalent to "Low Density Multifamily Residential" which is 36 dwelling units per acre. This is a small increase of 27 dwelling units per acre. • MCNP Policy LU-1.3.15, states that the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. This change will allow for the addition of commercial uses which may serve the surrounding residential neighborhoods. • MCNP Policy LU-1.3.6 states that the City will continue to encourage a diversification in the mix of industrial and commercial activities and tenants through strategic and comprehensive marketing and promotion efforts so that the designated Neighborhood Development Zones (NDZ), the Empowerment Zone, the Enterprise Zone, the Brownfield Redevelopment Area, Commercial Business Corridors, and other targeted areas are buffered from national and international cycles. The subject area is located in the Coconut Grove NDZ, and the proposed designation could allow for an increased mix of commercial activities and tenants in the area. • MCNP Policy LU-1.6.10 states that the City's land development regulations and policies will allow for the provision of safe and convenient on -site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. This site is in close proximity to a Miami -Dade County Metrobus Route and the Coconut Grove Circulator and may support additional density and commercial uses. • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvements Element. These findings support the position that the Future Land Use Map at this location and for this neighborhood should be changed to the proposed designation. Proposal Nc 11-001131u Date: 3/2/11 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant W. Tucker Gibbs on behalf of 3242 Charles LLC and Stirrup Properties Address: 3242 Charles Avenue Boundary Streets: North: CHARLES AV East: HIBISCUS ST South: FRANKLIN AV West: MAIN HWY Proposed Change: From: Single Family Residential To: Low Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.2300 acres @ 9 DU/acre 2 DU's Peak Hour Person -Trip Generation, Residential 3 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.2300 acres @ 36 DU/acre 8 DU's Peak Hour Person -Trip Generation, Residential 6 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 16 Dwelling Units 6 Peak Hour Person -Trips 3 Planning District Coconut Grove County Wastewater Collection Zone 310 Drainage Subcatchment Basin R3 Solid Waste Collection Route 212 Transportation Corridor Name SW 37 AV RECREATION AND OPEN SPACE Population Increment, Residents 16 Space Requirement, acres 0.02 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.78 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 16 Transmission Requirement, gpd 3,575 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 16 Transmission Requirement, gpd 2,953 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change On -site Exfiltration System After Change On -site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 16 Solid Waste Generation, tons/year 20 Excess Capacity Before Change 800 Excess Capacity After Change 780 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 (See attachment 1) Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g TRAFFIC CIRCULATION Population Increment, Residents 16 Peak -Hour Person -Trip Generation 3 LOS Before Change B LOS After Change B Concurrency Checkoff OK NOTES 1. Permit tor sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department. Excess capaary,Itany, ysets known (WASA)DDensity ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. Low Density Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density Allow residential facilities such as hotels and motels;general office use; clinics and laboratories commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and otten located along arterial or collector roadways which include: general retailing, personal and protessional services, real estate, banking, restaurants, saloons and cates, general entertainment taahties, private clubas and recreation taahties, major sports and exhibition or entertainment taahties and other commercial activities whose scale and land use impacts are similar in nature of those uses described above, auditoriums, libraries, convention taahties, places of workship, and primary and secondary schools. . !his category also includes commercial marinas and living quarters on vessels as permissible. Allow max neigh 4 stories (height up to 25 It tor the ground floor and up to 14 tt tor each additional floor CM 1 IN 03/13/90 Miami -Dade County Public Schools Superintendent of Schools Alberto M. Carvalho February 22, 2011 VIA ELECTRONIC MAIL Mr. W. Tucker Gibbs c/o Stirrup Properties, Inc. 3242 Charles Avenue giving our students the world Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross-Mindingall Carlos L. Curbelo Renier Diaz de la Portilla Dr. Wilbert "Tee" Holloway Dr. Martin Karp Dr. Marta Perez Raquel A. Regalado Miami, FL 33133 RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS 3242 CHARLES LLC — STIRRUP PROPERTIES (11-00113LU) LOCATED AT 3242 CHARLES AVENUE PH0111020800013 — Folio No. 0141210075420 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami -Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, attached please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the requested land use would yield a maximum residential density of 8 multifamily units, which generates 1 student at the elementary level. At this time, the schools serving the area have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305-995-4501. Since Ivan M. Rodriguez, R. Director II IMR:mo L313 cc: Ms. Ana Rijo-Conde, AICP Ms. Vivian G. Villaamil City of Miami School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo-Conde, AICP, Eco-Sustainability Officer• 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285.305-995-4760 (FAX) • arijo@dadeschools.net Miami -Dade County Public Schools MDCPS Application Number: Date Application Received: Type of Application: Applicant's Name: Address/Location: Master Folio Number: Additional Folio Number(s): PROPOSED # OF UNITS SINGLE-FAMILY DETACHED UNITS: SINGLE-FAMILY ATTACHED UNITS: MULTIFAMILY UNITS: Concurrency Management System Preliminary Concurrency Analysis PH0111020800013 Local Government (LG): 2/8/2011 10:50:07 AM LG Application Number: Public Hearing Sub Type: 3242 Charles LLC/Stirrup Properties 3242 Charles Avenue Miami, FL 33133 0141210075420 0 0 Miami 11-001131u Land Use CONCURRENCY SERVICE AREA SCHOOLS CSA Id Facility Name Net Available Capacity Seats Required Seats Taken LOS Met Source Type 841 COCONUT GROVE ELEMENTARY ' 2 1 1 YES Current CSA 6741 PONCE DE LEON MIDDLE 261 0 0 ` YES Current CSA 7071 CORAL GABLES SENIOR HIGH -310 0 0 YES Current CSA ADJACENT SERVICE AREA SCHOOLS *An Impact reduction of 15.3% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net 0 Medium Density Restricted Commercial D D m Medium Density Multifamily Residential 150 300 FUTURE LAND USE MAP THOMAS AV WILLIAM AV C-IARI FS A FRANKLIN AV GRAND AV Restricted Commercial Major Inst, P_ublic Facilities Transportation & Utilities • O 44,4*P A.4. Single Family - Residential 600 Feet ADDRESS: 3242 CHARLES AVENUE EXISTING 0 Medium Density Restricted Commercial D D m Medium Density Multifamily Residential 150 300 FUTURE LAND USE MAP THOMAS AV WILLIAM AV Low Density Restricted Commercial C-IARI FS A FRANKLIN AV GRAND AV Restricted Commercial ♦ Q 44,4*P A.4. Single Family - Residential 600 Feet ADDRESS: 3242 CHARLES AVENUE PROPOSED 0 150 300 I I I 600 Feet ADDRESS: 3242 CHARLES AVENUE City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-001131u Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3242 CHARLES AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on March 16, 2011, Item No. P.2, following an advertised public hearing, adopted Resolution No. by a vote of _ to _ (_), recommending of an amendment to Ordinance No. 10544, as amended; BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance No.10544, as amended, the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to s. 163.3187, Florida Statutes, is hereby amended by changing the land use designation from "Single Family Residential" to "Low Density Restricted Commercial" for .229± acres of real property located at approximately 3242 Charles Avenue, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (c) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (d) the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development; City of Miami Page 1 of 2 File Id: 11-001131u (Version: 1) Printed On: 2/28/2011 File Number: 11-001131u (e) is one which is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by s 380.0552, Florida Statutes or by the Administration Commission pursuant to s. 380.05(1), Florida Statutes. Such amendment is not subject to the density limitations of sub -subparagraph f., and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located and shall not become effective until a final order is issued under s. 380.05(6), Florida Statutes; and (f) density will be "Low Density Restricted Commercial", 36 dwelling units per acre, as per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4, Section 4.01, T4-L General Urban of the City of Miami Zoning Ordinance 13114, as amended. (g) the proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, s. 163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; and any other person or entity requesting a copy. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to s. 163.3187(3)(c), Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 11-001131u (Version: 1) Printed On: 2/28/2011